Commonwealth v. Brady

Houck, P. J.,

dissenting. — Because of equal division of the court on the disposition to be made of relator’s demurrer to respondent’s answer, the demurrer stands overruled, with judgment entered for respondent. When the court is equally divided, the motion before the court falls: Madlem’s Appeal, 103 Pa. 584; or, as stated in Summers v. Kramer, etc., et al., 271 Pa. 189, 195:

“Ordinarily, when the sitting judges are equally divided as to the judgment or decree which should be entered, the motion or rule fails and an order is entered accordingly”.

I dissent from the judgment thus entered in this…